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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > General
This is the first book to explain the body of English law that surrounds the question "Are finders keepers?" This most simple of questions has long evaded a satisfactory legal answer. Generally, it seems to have been accepted that a finder acquires a property right in the object of his or her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This full-length treatment of finders sets them in their legal-historical context, focusing on a fascinating area of law lying at the crossroads of crime, obligations, and property. That, on the same facts, a finder might be a thief, a bailee, and/or a property right holder has clouded conceptual analysis and prevented the simple stating of rules about finding. Nonetheless, when the applicable doctrines and policies of property law, particularly the central concept of possession, are explored and understood in the light of countervailing rules of crime and tort, it can be argued confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument. It is an important source of information for anyone interested in the law of personal property and also for those with broader concerns about the evolution of common law concepts.
This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.
Although Mexico lost its northern territories to the United States
in 1848, battles over property rights and ownership have remained
intense. This turbulent, vividly narrated story of the Maxwell Land
Grant, a single tract of 1.7 million acres in northeastern New
Mexico, shows how contending groups reinterpret the meaning of
property to uphold their conflicting claims to land. The Southwest
has been and continues to be the scene of a collision between land
regimes with radically different cultural conceptions of the land's
purpose.
Like any new frontier, cyberspace offers both exhilarating possibilities and unforeseen hazards. As personal information about us travels the globe on high-speed networks, often with neither our knowledge nor our consent, a solid understanding of privacy and security issues is vital to the preservation of our rights and civil liberties. In reaping the benefits of the information age while safeguarding ourselves from its perils, the choices we make and the precedents we establish today will be central in defining the future of the electronic frontier. Since 1991, the non-profit Electronic Frontier Foundation (EFF) has worked to protect freedoms and advocate responsibility in new media and the online world. In Protecting Yourself Online, Robert Gelman has drawn on the collective insight and experience of EFF to present a comprehensive guide to self-protection in the electronic frontier. In accessible, clear-headed language, Protecting Yourself Online addresses such issues as:
Produced by the leading civil libertarians of the digital age, and including a foreword by one of the most respected leaders in global business and the cyberworld, Esther Dyson, Protecting Yourself Online is an essential resource for new media newcomers and old Internet hands alike. |
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